Due to the sheer size and nature of a semi-trailer truck, accidents can turn catastrophic in the blink of an eye. Catastrophic accidents and wrongful death can happen due to a wide variety of factors including weather, speeding, following too closely, improper lane changes, reckless driving, improper turns, and a driver’s personal health.
No one should try to take on powerful trucking companies and their insurance carriers alone. A diligent, experienced attorney can maximize your chance for full compensation in the following ways:
If you have questions or are unsure how to proceed, our experienced car accident attorneys in Chicago can help you handle your claim from start to end.
Because of the inherent dangers of trucks on the roads, truck operations are highly regulated by Federal and state government agencies. The Federal Highway Administration operating under the US Department of Transportation has set out regulations known as the Federal Motor Carrier Safety Regulations (FMCSR) to guide the safe operation of trucks. These federal trucking regulations set the minimum standards for the operation of commercial carriers in interstate commerce. They apply to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.
When a commercial truck driver’s physical condition while on a trip requires the driver to stop driving, but stopping would not be safe, the driver must stop anyway. The drivers’ hours rules put a daily limit of 9 hours of driving between daily/weekly rest periods. The daily limit can however be increased to a maximum of 10 hours of driving in a day but only twice in any one week.
The Federal Motor Carrier Safety Act requires every state to have a program to issue commercial driver’s licenses. The FMCSR has been adopted by and applies in Illinois. Truck drivers and trucking companies must adhere to the regulations, which cover training requirements for truck drivers; preservation of operation records; inspection, repair, and maintenance of trucks, and hours of driving.
These regulations are intended to keep truck drivers and other road users safe from harm. Failure to adhere to these regulations may be sufficient to hold a truck owner or trucking company liable for injuries caused by their truck in a crash.
Negligence is often a factor in truck accidents. In a case based on negligence, the victim must prove that the defendant owed the victim a duty of care and caused the victim’s injury because they breached their duty of care.
In a case where it can be proved that the truck driver or trucking company failed to adhere to the FMCSR, the victim does not need to prove that the defendant owed them a duty of care. The failure to adhere to the regulation is proof in itself, that the defendant breached their duty of care. Your truck accident lawyer should know the rules and standards to establish the case.
A truck driver can cause an accident in many ways. They are often forced to work long hours with little or no sleep. Many truck drivers are also given the approval by a trucking company to hit the open road without proper training. With unsafe road conditions and unpredictable weather, they may be ill-equipped to adjust to the changes. Others have a blatant disregard for the safety of those around them.
Truck accidents can be very complex and may involve parties who are not at the scene of the accident. A victim may pursue a claim based on vicarious liability or even product liability.
This is a legal principle that holds a party responsible for the negligent acts of their employees or agents. For example, in a case where the truck driver’s reckless driving causes the victim’s injury, even though the truck owner was not directly negligent, they would be held vicariously liable for the truck driver’s actions. The use of independent contractors and subcontractors in the trucking industry can complicate the task of determining who can be held liable for a victim’s injuries. The Chicago truck accident attorneys at Smith LaCien LLP have the resources and investigative skills to identify the legally responsible parties in your case.
If the truck accident was caused by a defective auto part, the manufacturer or seller of the defective product may be liable for the victim’s injuries. Contacting a Chicago product liability attorney can help you determine if you are entitled to compensation for your damages.
In some cases, there may be multiple defendants and different bases on which they can be held liable. A thorough investigation into the cause of your personal injury will determine who is liable for your injury and the damages suffered as a result.
Some examples of truck product defects that could lead to manufacturer liability in truck accident cases include the following:
When handling these cases, our goal is to fight for the compensation you deserve. We do so by holding all of the necessary parties accountable – from the truck driver to their employer and their insurance company. Our injury lawyers will examine all areas of your case in order to build the strongest possible case possible.
Truck accidents can be particularly devastating due to the sheer size and weight of commercial trucks. These accidents often lead to severe injuries, both for the occupants of the trucks and for other vehicles involved in the collision. Some common truck accident injuries include:
It’s essential to seek immediate medical attention after a truck accident, even if you believe your injuries are minor. Some injuries may not manifest immediately, and prompt medical evaluation can help identify and treat potential issues early on. Additionally, it’s crucial to consult with a personal injury attorney if you’re involved in a truck accident, as these cases can be complex and may require legal assistance to ensure fair compensation for your injuries and damages.
Illinois operates under a comparative negligence rule for personal injury cases. If an injury victim was partly at fault for the truck accident or contributed to their own injury in any way, it impacts the amount of their settlement or court award. Fortunately, victims who are determined as less than 50% at fault in an accident can still recover damages from the party most at fault.
If a truck accident victim is found to have been 25% at fault in an accident, their damage award will reflect that by lowering compensation by 25%. In this situation, insurance companies will also offer a settlement at 25% less because both parties understand that a court award would reduce a payout by the amount of fault.
The aftermath of a truck accident is particularly chaotic and distressing, especially if you’ve sustained serious injuries. If you’re too severely injured to move or trapped inside your vehicle, then remain calm and wait for help to arrive. Motorcyclists face even more serious injuries when involved in a truck accident, but our motorcycle accident attorneys in Chicago are here to help. Nevertheless, if you are in a truck accident, you can help protect your physical and financial health by taking the following steps:
As challenging as it may be to keep a cool head during the traumatic aftermath of a truck accident, by taking these steps you can maximize your chance for physical and financial recovery moving forward.
The value of your truck accident claim will depend on the severity of the injuries sustained and the total damages suffered. Truck accidents typically result in severe injuries with life-long consequences. As a victim of a truck accident, you may be entitled to recover economic damages including past and future medical costs, lost wages, and property damage, as well as non-economic damages such as pain and suffering, disability, and loss of consortium.
Depending on the surrounding circumstances, you may also be entitled to recover punitive damages where the defendant’s conduct was egregious. Whatever the case, our objective is always to recover the fair and just value of your case.
Having an experienced attorney handle your case is critical. Smith LaCien LLP has recovered over $2.5 billion in verdicts and settlements, including a $19 million jury award for the wrongful death of a 29-year-old truck driver. We are here to address your concerns and answer any questions you may have about your case.
The State of Illinois allows injured victims to claim punitive damages in certain circumstances. Unlike the economic and non-economic damages meant to compensate the injured person for the expenses and pain they’ve experienced due to the injury, punitive damages aren’t meant as compensation at all. Instead, punitive damages serve as a form of “punishment” to the at-fault party in a civil lawsuit. It’s also meant as a deterrent to help prevent a repeat of the action that led to the truck accident. An injury victim may only seek punitive damages if the at-fault party engaged in particularly egregious behavior that led to the accident. In truck accidents, the following circumstances might allow a court to consider punitive damages:
A punitive damage award not only gives extra financial security to accident victims, but it also may help them achieve a sense of justice in their case. Punitive damages are separate from any criminal charges pending in the criminal justice system.
The vast majority of truck accident claims result in an insurance settlement without the need to take a lawsuit into the courtroom. It’s likely that your truck accident claim will settle out of court, so you won’t have to appear before a judge. However, a large trucking company often has very powerful insurance carriers with adjusters whose sole job is to undervalue claims or deny them outright to ensure profitability for their trucking company. An insurance company’s business model depends on taking in more money in premiums than they pay out in claims. An experienced truck accident attorney is more than willing to litigate a case in court when necessary and advocate aggressively against powerful insurance companies for full compensation for your injury.
If you or a loved one has been injured in a truck accident, it is best to talk to a truck accident lawyer in Chicago as soon as possible. For a free consultation, call our office in Chicago at (312) 509-8900 or fill out the form below. We’re here to help you.
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